Malcolm Rivera
The eight principles of the US Constitution are a set of guidelines that outline the major themes and interpretations of the document. They include judicial review, individual rights, and republicanism, alongside federalism, civilian supremacy over the military, presidential powers, the supremacy of national laws and treaties, and the power of courts to declare actions of other branches unconstitutional.
| Characteristics | Values |
|---|---|
| Laws passed by the national government and treaties are supreme | Racial integration |
| Military subordination to civilian leaders | The president is commander-in-chief |
| Congress authorizes military spending | |
| Civilian Defence Secretary | |
| Power of courts to declare actions of other branches invalid | Judicial review |
| Individual rights | Limited government |
| Republicanism | Popular sovereignty |
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What You'll Learn
Judicial review
The principle of judicial review establishes a system of checks and balances by providing the judiciary with the authority to interpret and review the constitutionality of laws and actions taken by the other branches of government. This helps to ensure that the actions of the legislative and executive branches align with the Constitution and protects against potential abuses of power.
In practice, judicial review can be invoked when a legal dispute arises over the interpretation of a law or government action, or when a party alleges that a law or action violates the Constitution. The reviewing court will examine the relevant laws, provisions, and precedents and issue a ruling on the constitutionality of the matter at hand. This process helps clarify the constitutional boundaries and ensures that the government operates within the limits set forth by the Constitution.
The power of judicial review also extends to treaties and actions of the national government. As the supreme law of the land, the Constitution takes precedence over any laws or actions that conflict with it. Judicial review provides a mechanism for enforcing this hierarchy of laws and maintaining the integrity of the Constitution as the foundational document of the US legal system.
By including judicial review as one of the eight principles, the Constitution establishes the judiciary as a key pillar of the US governmental system, with the power to interpret and safeguard the Constitution. This principle empowers the courts to act as a check on the powers of the legislative and executive branches, promoting a balanced and constitutional government.
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Individual rights
One of the eight principles of the Constitution is 'individual rights', which is distinct from the principle of limited government. This principle establishes that all laws passed by the national government and all treaties are superior to state laws and take precedence over them. This means that the federal government has the power to enforce laws and court rulings across all states, ensuring uniformity and consistency in the application of laws nationwide.
For example, in the case of McCulloch v. Maryland, the Supreme Court ruled that a state law was unconstitutional, thus affirming the power of Congress to exercise implied powers that extend beyond those explicitly granted in the Constitution. This principle upholds the supremacy of federal law and safeguards against potential conflicts between state and federal legislation, ensuring that individual rights are protected uniformly across the nation.
Another aspect of individual rights pertains to racial integration. The Constitution empowers the President, as commander-in-chief, to federalize a state's National Guard to uphold federal laws and court rulings. This provision ensures that states cannot infringe upon the rights of individuals, particularly in matters of racial equality and justice.
Additionally, the Constitution establishes civilian control over the military. Civilian leaders of the government, including the President and Congress, have authority over military affairs. Congress authorizes and appropriates funding for military spending, and a civilian heads the Department of Defense, ensuring that military power remains subordinate to civilian authority and that the rights of citizens are protected from potential abuses of military power.
The principle of individual rights, as enshrined in the Constitution, thus serves to protect citizens' liberties and ensure their rights are upheld uniformly across the nation, regardless of state boundaries or conflicting state legislation. It empowers the federal government to enforce laws and maintain control over the military, thereby safeguarding the rights and freedoms of individuals as a paramount concern.
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Republicanism
This is distinct from a direct democracy, where the people vote directly on laws and policies. In a republic, the people's power is mediated through their representatives, who are tasked with making laws and governing on the people's behalf. This system is designed to ensure that the people's interests are served while also allowing for efficient and effective governance.
The principle of republicanism in the US Constitution is based on the idea that the government's power is derived from the consent of the governed. This means that the people give their implicit consent to be governed by the state, and they have the right to alter or abolish that government if it no longer serves their interests. This is a fundamental concept in the social contract theory of government, where the people and the state enter into a mutual agreement to protect each other's rights and interests.
The republican form of government in the US also entails a system of checks and balances, where power is distributed across different branches of government to prevent the concentration of power in any one individual or group. This system aims to protect against tyranny and ensure that the government remains accountable to the people. The people, as the ultimate source of power, have the right to hold their representatives accountable, and they can exercise this right through various mechanisms, such as elections, petitions, and protests.
In summary, republicanism as a principle of the US Constitution establishes a system of representative democracy, where the people hold the ultimate power but exercise it through their elected officials. This form of government is based on the consent of the governed and includes checks and balances to ensure that power is distributed and accountable to the people.
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Supremacy of national law
One of the fundamental tenets of the US Constitution is the Supremacy of National Law, also known as Federal Supremacy. This principle establishes that the laws enacted by the national government, along with treaties ratified by it, are the supreme laws of the land and take precedence over any laws enacted by state governments or their subdivisions. This ensures national unity and consistency in the application of laws across all states.
The Supremacy Clause, as outlined in Article VI of the Constitution, establishes the supremacy of national law. It states that the "Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding."
This clause ensures that the national government has the ultimate authority to govern the country effectively and maintain uniformity in laws and their enforcement. It prevents states from passing laws that contradict or impede federal laws, ensuring a consistent legal framework across the nation. This clause also reinforces the idea that the Constitution is the supreme law of the land, above any other legal document or ruling.
The Supremacy of National Law has been upheld and clarified through several key court cases. One notable example is McCulloch v. Maryland, where the Supreme Court ruled that a state action was unconstitutional and affirmed the implied powers of Congress. This case reinforced the principle that national law takes precedence over state law and that the federal government has broad powers to carry out its duties.
In conclusion, the Supremacy of National Law is a critical principle within the US Constitution, ensuring that federal laws and treaties take precedence over state laws. This principle, enshrined in the Supremacy Clause, guarantees the uniformity and effectiveness of laws across the nation, solidifying the national government's authority and ensuring a consistent legal framework for all Americans.
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Presidential power
The President of the United States derives their powers from two primary sources: the Constitution and powers granted by Congress. Article II of the Constitution outlines the President's powers, which include the ability to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.
The President is the Commander-in-Chief of the United States Armed Forces and all federalized militias, and may exercise supreme operational command and control over them. This includes the power to launch, direct and supervise military operations, order or authorise the deployment of troops, and unilaterally launch nuclear weapons. However, the power to declare war is vested in Congress.
The President also has the power to make treaties, which must be ratified by two-thirds of the Senate, and to appoint ambassadors, ministers, judges of the Supreme Court, and other officers of the United States, with the "advice and consent" of the Senate. The President can also make temporary appointments during Senate recess.
Another significant power of the President is the ability to issue executive orders, which are written policy directives with much of the same power as federal law. While not explicitly defined in the Constitution, they are accepted as an inherent aspect of presidential power, stemming from the President's broad ability to issue directives. Executive orders can be modified or revoked by subsequent Presidents.
The President has broad powers in areas such as control and operation of the federal government, federal agencies, and in foreign affairs. The President is responsible for ensuring that the laws of the nation are faithfully executed, but this does not grant them the power to make laws.
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